Juvenile record and TBON

[equalme, BSN, LPN, RN]

So I graduated from vocational nursing school last month and TBON just finally received my affidavit of graduation from my school.

The only other requirement for me to apply for the board exam is to do my background check which is both federal and state.

I'm not sure whether my charges were an actual conviction, but back in 2002 I was referred to juvenile services by the police department for Theft of $50-$500. The case ended with Supervisory Cautioned and no petition was filed and no court action was taken.

In 2003 I had the same charge with the same ending of Supervisory Cautioned.

In 2004 I was picked up for Burglary of Vehicle and Possession of Criminal Instrument (2-counts). The criminal instruments was a jiggler key they found on me and ONE fire cracker when they searched my car. The case ended with Deferred Prosecution Probation by the Juvenile Services. I was under the age of 17 at the age of the last arrest; I'm now mid twentys and have been working as a certified pharmacy technician for almost 5 years now.

My juvenile records were "restricted" when I turned 21. I called the county district clerks department to ask for certified court documents but was told there was no court records found.

I know I can do a declaratory order, but who knows how long that would take if they decide to send it to enforcement. I am thinking about sealing my juvenile records, which only take a month to get approved from the judge. Then I believe I can just submit my application saying 'No' to any charges/convictions, but provide the proper paperwork with the judge granting the records to be sealed.

Should I also go get a fingerprinting done and submit it to the FBI for a personal background check?

What advice can you give me to be able to sit for the exam the fastest?

Thanks!

[NRSKarenRN, BSN, RN]

BON have access to juvenile records. Best to follow advice in this thread:

FAQ: Nursing Licensure With Criminal History along with numerous threads in this forum re Texas Declaratory Orders.

[Jory, MSN, APRN, CNM]

I have to mention here that access to juvenile records varies BY STATE. The BON does not have special privileges to access records IF they are sealed...sealed is sealed. Keyword: IF

However, the definition of "sealed" is subject to interpretation, again, varies by state.

With some states, no request for sealed records is necessary, it's automatic by age 18 or 21, depending on state guidelines.

Here is what I would do if I were you:

People don't realize...and it's the easiest way to find out...DO A BACKGROUND CHECK ON YOURSELF!!!

Get an attorney to do it for you, it should cost bare minimum...I would do that before I went to the trouble that you described because it may or may not be necessary and the bottom line is IF your records were not sealed as a juvenile, the judge doesn't have to seal them...he can tell you no.

You also say you have been working as a pharmacy technician for 5 years...I would find it very, very difficult to believe that you could do that job without a background check being performed.

[NRSKarenRN, BSN, RN]

Important points to remember if you’ve ever been convicted of a crime

• Even if you have been told a conviction has been expunged, sealed dismissed, dropped, closed, etc., it may still show up on your fingerprint report.
  
• You could have been convicted even if you didn’t spend any time in jail.
  
• Criminal convictions include misdemeanors and felonies.
  
• If you answered “NO” to Question #2 and the Board finds you have a conviction, your application will be denied as a fraudulent application.
  
• http://www.nursingboard.state.nv.us/...l convictions/
  

Texas:

• What happens if something comes up on my criminal history record?
  
• I think something may come up on my criminal background check. Should I notify the Board before submitting my fingerprints?
  

Declaratory Order Form

NOTE: Expunged and Sealed Offenses: While expunged or sealed offenses, arrests, tickets, or citations need

not be disclosed, it is your responsibility to ensure the offense, arrest, ticket or citation has, in fact, been expunged

or sealed. It is recommended that you submit a copy of the Court Order expunging or sealing the record in question

to our office with your application. Failure to reveal an offense, arrest, ticket, or citation that is not in fact expunged

or sealed, will at a minimum, subject your license to a disciplinary fine. Non-disclosure of relevant offenses raises

questions related to truthfulness and character.

NOTE: Orders of Non-Disclosure: Pursuant to Tex. Gov’t Code 552.142(b), if you have criminal matters that

are the subject of an order of non-disclosure you are not required to reveal those criminal matters on this form.

However, a criminal matter that is the subject of an order of non-disclosure may become a character and fitness

issue. Pursuant to other sections of the Gov’t Code chapter 411, the Texas Nursing Board is entitled to access

criminal history record information that is the subject of an order of non-disclosure. If the Board discovers a criminal

matter that is the subject of an order of non-disclosure, even if you properly did not reveal that matter, the Board

may require you to provide information about any conduct that raises issues of character.

http://www.bon.texas.gov/olv/pdfs/DOapp.pdf

Lying on or Falsification of Licensing Documents to the Board

Each licensure form or document, whether it is an initial application, application by

endorsement, or a renewal application, contains questions that require a “yes” or “no”

answer. These forms contain several questions that might affect the ability of an individual

to function safely as a nurse. In addition, the Board asks the applicant, petitioner, or

licensee to provide information to determine if he/she meets the practice requirements for

nursing licensure. Answers to these questions are used by the Board to determine the

applicant’s fitness for initial licensure/recognition in regards to conviction history, physical

or mental condition, chemical dependency, and eligibility to renew licensure or gain initial

licensure/recognition by endorsement related to meeting the continuing education (CE) and

practice requirements. The Board can understand that an applicant may mark a “yes” or

“no” answer in error, or misunderstand the question being asked. The Board believes,

however, that supplying false information in regards to eligibility requirements for licensure

is a serious matter, not only because of the lying or falsification itself, but because those

false answers would allow an otherwise disqualified applicant to be licensed. Proof of

falsification on initial licensure is enough to establish the Board’s right to revocation or

denial of licensure. It should not be the Board’s burden to answer or overcome

Respondent’s claims of current character or current practice once it is established an

applicant or petitioner has knowingly falsified information upon which licensure was based.

If Respondent believes he/she has good professional character, they should be required

to start the application process over anew under non-deceptive means without the benefit

of consideration of the intervening practice as a nurse.

The Board also asks questions on its applications for licensure to verify the individual’s

identity and provide the Board with demographic information. Falsification of that

information is considered serious by the Board, but not as critical as information that

directly relates to eligibility for licensure unless the falsification of this information was

intended to hide relevant background information of the applicant.

Each case of falsifying an application for licensure will be considered on an individual basis.

The investigative process will be used to determine whether the question was answered

in error, misunderstood, or purposely answered falsely to deceive the Board. Intentional

falsification may result in denial of licensure or revocation of a license. The Board may

show leniency towards an applicant for initial licensure because that person may be more

likely to misunderstand the questions on the application. The Board believes that an

applicant for renewal of licensure should understand the questions and the importance of

answering them honestly. A pattern of falsification of information on an application for

licensure will not be tolerated and is grounds for revocation.

Failure to cooperate during the course of a Board investigation by supplying false

documents or failing to disclose information is grounds for denial or revocation of the

license. Reckless disregard for the Nursing Practice Act, the Board’s rules and regulations,

and/or a Board Order is also grounds for denial or revocation and will require at a minimum,

the imposition of a punitive fine in addition to other stipulations.

http://www.bon.texas.gov/disciplinaryaction/pdfs/lying.pdf

BON exist to protect the public. Starting a career with a life long sanction for falseification of records will only hamper your ability to obtain employment.

Choice is yours to make.

[anthongy817]

I have to mention here that access to juvenile records varies BY STATE. The BON does not have special privileges to access records IF they are sealed...sealed is sealed. Keyword: IF

However, the definition of "sealed" is subject to interpretation, again, varies by state.

With some states, no request for sealed records is necessary, it's automatic by age 18 or 21, depending on state guidelines.

Here is what I would do if I were you:

People don't realize...and it's the easiest way to find out...DO A BACKGROUND CHECK ON YOURSELF!!!

Get an attorney to do it for you, it should cost bare minimum...I would do that before I went to the trouble that you described because it may or may not be necessary and the bottom line is IF your records were not sealed as a juvenile, the judge doesn't have to seal them...he can tell you no.

You also say you have been working as a pharmacy technician for 5 years...I would find it very, very difficult to believe that you could do that job without a background check being performed.

Thanks for the reply! Yes, I've been working as a pharm tech for 4.5 years, but the board of pharmacy is much more lenient. If I can remember correctly, they only asked to disclose any arrests that were within 3 months.

I know Texas does NOT automatically seal juvenile records at 21, but they do go into "restricted" access at 21 as long as I was not arrested for anything else as an adult.

Why do you recommend hiring an attorney to get a background check done? From what I've read, I mainly need a background check via DPS (State) and FBI (Federal). I have already done a background check through the DPS which was clear. I am about to submit my fingerprint to the FBI to get checked as well. Do you think that would be sufficient enough?

Thanks!